According to Los Angeles Police Commander Marc Reina, before the pandemic, Los Angeles witnessed a fatal car accident every 36 hours. In Los Angeles, about 90% of accidents are caused by driver’s negligence. The most common freeways car accidents take place on are the 405 and the 5 freeway. Especially with businesses reopening after the pandemic, car accident rates will rise back to their pre pandemic levels, since many drivers have not driven long roads for a while. If you’re looking for an experienced car accident lawyer, contact Heidari Law Group today.
A Los Angeles accident report is a document that provides information about your accident, along with any other parties that were involved, any witnesses that saw the collision, the place where the accident took place, and the injuries each party sustained. When a police officer arrives at the scene of the accident, they create an accident report. Any party that is involved in the accident has rights to view the report. A report could be requested about 45 days after the accident occurred. The length of the report depends on the activities that occurred, it could go from 1 page to about 60 pages.
If no police officer arrived at the scene and created an accident report, report the accident to the DMV within 10 days through a document titled SR 1 Traffic Accident Report. This form must be used if 1) there are damages of more than $1,000, 2) someone was injured, or 3) someone was killed. You will need your driver’s license card, your car license plate, and your insurance information.
When litigating a personal injury claim, a traffic collision report will aid in determining liability. Other than the report, there may be other documents that could help your car accident case. Our experienced personal injury car accident attorneys at Heidari Law Group will develop a strategy in determining maximum compensation for your auto accident, and determine what other paperwork is necessary.
There are two ways to obtain your Los Angeles accident report:
- Online
In order to pull your Los Angeles accident report, you will need to provide the date of your accident (oftentimes they may ask for a time), the location, and your full name on the site. When the police officer created an accident report, a specific number was given to all parties involved in the collision. That number is the accident number. Once you have entered all the information, along with the accident report number, you will be able to view your accident report online. There are fees (subject to change) to download and view the accident report
- By mail
You can also request your accident report by mail. You can request it by mail by filling out the traffic collision request form and mailing it to Los Angeles Police Department, Records and Identification Division, P.O. Box 30158, Los Angeles, CA. 90030. A check for $18.00 (price subject to change) must also be mailed along with the form. Accidents that involve arrests or fatalities must be requested by mail rather than viewed online. Accidents that also took place prior to the year 2016 must also be requested by mail.
Information needed to fill out the form includes:
- The requestor’s name, phone number, and home address
- The incident number
- The requestor’s birthday
- The day and approximate time the accident occurred
- The license plate of all known vehicles involved
- The party asking for the information (attorney, insurance company, etc.)
- A declaration that states “I declare this statement is true and correct, sign and date your request”
How to Get a Copy of Your CHP Report
If you were in an accident that took place on a highway in California, you will be unable to find your accident report on the Los Angeles police site. Instead, you will need to submit a request to the California Highway Patrol on their site. The fee for getting a copy of the report can range from $15 to $40 depending on the amount of pages the report contains.
Will a Los Angeles Traffic Collision Report Determine Liability?
Understanding how liability is determined in Los Angeles traffic collisions is crucial, especially when it comes to navigating insurance claims and potential legal proceedings. A common misconception is that an accident report conclusively determines fault. However, in reality, the purpose of this report is often limited to documenting the facts observed by the attending officer rather than assigning responsibility.
What Does a Traffic Collision Report Include?
Typically, a Los Angeles traffic collision report includes details such as the date, time, location, and parties involved in the accident. Officers may also include a description of the scene, vehicle damage, and any witness statements. However, the report often refrains from concluding who is legally at fault. Instead, it serves as a factual account, primarily used by insurance companies to assess the situation. For example, if the report leans toward indicating that you are not at fault, this could be beneficial when working with your insurance provider, potentially leading to faster claim processing and coverage for damages.
Want to learn more? Check out this NBC LA article on handling accident claims.
Can a Traffic Collision Report Influence Liability?
Although a traffic collision report might imply who caused the accident, it is not definitive in a legal sense. Insurance adjusters may consider the report’s content to evaluate claims, but if the report states you are at fault, it doesn’t mean you’re automatically liable in the eyes of the law. Courts typically require more substantial evidence, as the collision report itself is often inadmissible in trials due to authentication requirements unless the officer is present to testify.
For example, the Los Angeles court system relies on various forms of admissible evidence beyond a simple accident report. If the report inaccurately represents the events, an experienced accident attorney may argue that the officer’s notes or diagrams are flawed. Attorneys can support their arguments with photographic evidence, eyewitness accounts, and accident reconstruction experts. This comprehensive approach often reveals a clearer picture of liability.
Q: Can I Challenge the Information in a Traffic Collision Report?
Yes, you can challenge the content of a collision report if you believe it inaccurately describes the events or suggests that you were at fault. Working with a skilled attorney is beneficial in these cases, as they can leverage evidence such as photos, video footage, and witness statements to present an alternative account of the incident. The attorney might, for example, highlight inconsistencies in the report’s accident sketch, using other evidence to create a more accurate representation of the collision.
Check out this ABC7 article on recent trends in traffic collision disputes in Los Angeles to see how cases can vary.
How Important is the Accident Report to Insurance Companies?
For insurance companies, the accident report is one of several documents considered when determining liability. While it provides an initial impression, insurance adjusters may request additional evidence before making a final decision on coverage and liability. When a report shows you were not at fault, it can expedite the insurance process. However, if the report suggests fault on your part, an attorney can often negotiate on your behalf, citing additional evidence and potentially contesting any adverse findings.
Top Causes of Traffic Collisions in Los Angeles
Traffic accidents are a pressing issue in Los Angeles, where congested roadways and high traffic volumes create conditions for frequent collisions. According to the Los Angeles Police Department, five primary negligent acts account for most of the city’s traffic accidents. Understanding these causes and practicing safe driving can help reduce the risk of accidents.
1. Tailgating: Following Too Closely
One of the most common causes of accidents is tailgating, where a vehicle follows another car too closely. When the lead vehicle suddenly brakes, the car behind lacks the time or distance needed to react, resulting in a rear-end collision. Statistics show that following another vehicle closely is a significant factor in many traffic collisions, especially during high traffic periods and on Los Angeles’s busiest roads. Read more on ABC7.com for additional insights on common tailgating-related accidents.
2. Running Red Lights
Failing to stop at a red light is another prevalent cause of accidents. Many drivers underestimate the importance of adhering to traffic signals, especially during peak hours when frustration mounts. Ignoring red lights can lead to severe side-impact crashes, also known as “T-bone” collisions. In Los Angeles alone, incidents involving red-light running have caused substantial injuries and even fatalities. NBC LA provides additional statistics and examples of red-light incidents in the city.
Q: How can red-light running be prevented?
A: Adopting safer driving habits, paying attention to traffic signals, and maintaining a calm attitude behind the wheel can help reduce red-light violations. Many experts advocate for implementing more red-light cameras in high-risk intersections as a deterrent to unsafe behavior.
3. Speeding Over the Posted Limit
Speeding is a leading contributor to severe accidents, especially on Los Angeles highways where speed limits are often ignored. When drivers exceed the posted speed limit, they reduce their reaction time, increasing the likelihood of losing control and causing a collision. Speed-related accidents often result in more severe injuries due to the force of impact. The National Highway Traffic Safety Administration (NHTSA) provides data that supports the dangers of speeding, especially in urban areas.
Q: Why is speeding so dangerous?
A: Speeding reduces the driver’s ability to react quickly to sudden changes in road conditions, such as a car braking ahead or a pedestrian crossing. Higher speeds also increase the force of impact, which can lead to more serious injuries and fatalities.
4. Unsafe Left Turns
Making an unsafe left turn, particularly at busy intersections, is another frequent cause of accidents. Failing to observe oncoming traffic while turning left can lead to collisions with other vehicles that have the right of way. This type of negligence is often the result of impatience or misjudging the speed and distance of oncoming cars. In Los Angeles, certain intersections are notorious for left-turn-related accidents, as reported by Fox 11.
5. Driving Under the Influence of Alcohol or Drugs
Driving under the influence (DUI) remains one of the most dangerous negligent acts leading to traffic accidents. DUI-related accidents not only endanger the driver but also pose significant risks to passengers, pedestrians, and other motorists. Alcohol and drugs impair critical skills such as reaction time, judgment, and motor coordination. Statistics show that DUI accidents are responsible for a significant portion of fatal traffic incidents each year in Los Angeles, highlighting the ongoing need for strict DUI enforcement. Check the latest statistics and reports on DUI-related crashes on ABC7.
Q: How does driving under the influence affect driving abilities?
A: Driving under the influence impairs essential cognitive functions like reaction time, depth perception, and coordination, making it extremely hazardous for the driver and others on the road.
Changes to the Law
Nowadays, according to the Los Angeles Police Department, it takes on average three to four hours for a police officer to get to the scene and write an accident report. The department is now working on an online community reporting system for minor accidents. Major accidents will still need to have a report written by a police officer. The city of Gardena currently has a self-reporting system.
Although traffic declined in 2020, the National Safety Council reported a 24% spike in the car accident fatality rate. About 42,000 drivers passed away due from car accidents last year. The Safety Council says the main cause of accidents is speeding on empty roads. That is why it is important to get adequate legal representation. If you decide to pursue a personal injury auto accident lawsuit, our Los Angeles attorneys at Heidari Law Group will be able to go over details of your accident and determine the liability for any damages.
***Disclaimer: This blog is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this blog, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.